Will Sanctuary Cities Suffer? Market Commentary March 2017 ONE OF PRESIDENT TRUMP’S RECENT EXECUTIVE ORDERS GRABBED THE ATTENTION of municipal investors. The order directs federal agencies to remove undocumented immigrants who, among other criteria, have been convicted of crimes, engaged in fraud or are subject to a final order of removal. It contains a provision to strip federal funding from state and local governments that do not comply with federal immigration law, a group dubbed “sanctuary cities.” We don’t believe this provision will pose a challenge to these cities. Ability to Restrict Federal Funds Is Limited President Trump’s executive order directs federal agencies to “Ensure that jurisdictions that fail to comply with applicable federal law do not receive federal funds, except as mandated by law.” The passage except as mandated by law is critical, because the vast majority of federal revenue that flows to U.S. cities is due to laws enacted by Congress that provide federal funding for a mandate related to transportation, housing, health and safety, etc. Absent changes to the myriad laws authorizing federal funding of these assorted mandates, there is very little risk that the Executive Branch could materially alter the flow of federal dollars to U.S. cities. Shawn P. O’Leary Senior Vice President, Senior Research Analyst Nuveen Asset Management, LLC U.S. Cities Do Not Rely on Federal Funding The precise mix of revenues used to finance government operations varies from city to city. However, revenues are typically funded primarily from local sources, such as property and sales taxes, fees and other local charges. Cities also receive funding from county, state and federal sources. To assess the proportion of funding U.S. cities receive from the federal government, we studied the financial statements of the 20 largest U.S. cities. Nearly every city lumped their county, state and federal revenue together in a single line item called intergovernmental revenue. Federal revenue alone is often not significant enough to be represented as a single revenue source in a city’s financial statement. Exhibit 1 shows the 20 largest U.S. cities and their proportions of intergovernmental revenue as a percentage of total governmental revenue. Leading the Way in Municipal Bonds Since 1898, Nuveen Investments has been a pioneer in municipal bonds, helping to build lasting value for investors. 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March 2017 Exhibit 1: Levels of Intergovernmental Revenue Vary by City City Phoenix, AZ Philadelphia, PA Intergovernmental Revenue ($000s) $821,127 Total Governmental Revenue ($000s) Intergovernmental Revenue as a % of Total Revenue $2,082,594 39.4% 2,280,189 6,070,804 37.6% 21,966,162 82,564,626 26.6% Indianapolis, IN 154,789 830,012 18.6% Jacksonville, FL 256,336 1,414,070 18.1% New York, NY Charlotte, NC 166,463 929,764 17.9% Houston, TX 377,546 2,946,326 12.8% Chicago, IL 764,846 6,216,034 12.3% Los Angeles, CA 860,867 7,196,204 12.0% Denver, CO 213,643 1,850,323 11.5% San Antonio, TX 198,307 1,742,329 11.4% Seattle, WA 161,361 1,749,551 9.2% El Paso, TX 40,915 526,348 7.8% 416,823 5,789,974 7.2% 61,403 894,472 6.9% San Francisco, CA Fort Worth, TX Austin, TX 62,622 1,066,268 5.9% San Jose, CA 81,133 1,452,368 5.6% Columbus, OH 70,548 1,306,140 5.4% San Diego, CA 44,529 1,978,832 2.3% 8,943 1,585,238 0.6% Dallas, TX Source: Most recent Comprehensive Annual Financial Reports for each of the 20 largest U.S. cities Of the 20 largest U.S. cities, Phoenix, Arizona, relies most on intergovernmental revenue at 39.4%. The average across all 20 cities is 13.5%. It’s important to remember that this reflects any revenue sources from counties, states, federal agencies or other governments other than the city itself. It is not just federally sourced revenue. A partial cut in federal funding – given that most federal funding is prescribed by law and therefore not subject to the executive order – is unlikely to affect a city’s overall budget. Consider Phoenix’s financial statements in more detail. Its statement of governmental revenue and expenses didn’t explicitly detail the city’s reliance on federal funding. However, a budget basis statement of operating funds included federal revenue amounts for transit, community development, human services and other functions. These funds amounted to 7.6% of Phoenix’s operating revenue for fiscal year 2015. All of these functions appear to be mandated by law, and therefore exempt from President Trump’s executive order. But even if we assume a 50% cut in federal funding, this would result in just a 3.8% decrease in Phoenix’s overall revenue. The Trump administration’s ability to affect city budgets appears to be quite limited, absent widespread action by the U.S. Congress to open up the bulk of federal aid to U.S. cities to presidential control. 2 Will Sanctuary Cities Suffer? March 2017 State Governments Could Pressure Sanctuary Cities We believe the federal government has limited ability to apply pressure to sanctuary cities. But state governments may direct cities to comply with federal immigration laws or reduce state funding to cities that fail to follow President Trump’s immigration directives. Following the 2016 election, 25 states have both a Republican governor and a Republican controlled legislature. Two more states, North Carolina and West Virginia, have Democratic governors but Republican legislatures with large enough majorities to override their governors’ vetoes. Exhibit 2 shows the party that controls the state governorships and legislatures of the 20 largest U.S. cities. Exhibit 2: Which Party Controls the State Government? City Governor's Party Legislative Majority Phoenix, AZ Republican Republican Indianapolis, IN Jacksonville, FL Houston, TX San Antonio, TX El Paso, TX Fort Worth, TX Austin, TX Columbus, OH Dallas, TX Chicago, IL Philadelphia, PA Democrat Democrat Republican Charlotte, NC Los Angeles, CA Democrat San Francisco, CA San Jose, CA San Diego, CA New York, NY Divided Denver, CO Seattle, WA Source: Ballotpedia Ten cities are located in states where Republicans control the legislature and governor’s office. And Charlotte, N.C., has a democratic governor, but the Republican majority in the state legislature is sufficient to override the governor’s veto. These 11 cities could come under fiscal pressure or other directive by their state governments related to federal immigration policy. Until these states begin to adopt any such legislation, it would be speculative to discuss how it might affect these cities’ municipal budgets and the performance of their municipal debt. Our municipal research staff will be monitoring any developments in the months ahead. 3 MANY STATE GOVERNMENTS may be more likely to direct cities to comply with federal immigration laws or reduce state funding to cities that fail to follow President Trump’s immigration directives. Will Sanctuary Cities Suffer? March 2017 Sanctuary Cities in Context Federal funding to local governments is largely mandated by existing law, and therefore not subject to withholding by the executive branch without new congressional authorization. Further, to the extent federal funding is controlled by the executive branch, it is unlikely to represent a meaningful amount of money compared to a city’s overall budget. We don’t expect moves by the Trump administration to restrict federal funding to have much effect on U.S. cities or, by extension, their municipal bonds. To the extent sanctuary cities may be under pressure, we believe it is much more likely to come from state governments that can pass laws that supersede local government policies. The laws may or may not have a financial effect on those communities. SOURCES Comprehensive Annual Financial Reports for the 20 largest U.S. cities “Executive Order: Enhancing Public Safety in the Interior of the United States,” whitehouse.gov, January 25, 2017 This material is not intended to be a recommendation or investment advice, does not constitute a solicitation to buy or sell securities, and is not provided in a fiduciary capacity. The information provided does not take into account the specific objectives or circumstances of any particular investor, or suggest any specific course of action. 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